Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area THAILAND S SCHEDULE OF MOVEMENT OF NATURAL PERSONS COMMITMENTS

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1 Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area THAILAND S SCHEDULE OF MOVEMENT OF NATURAL PERSONS COMMITMENTS AANZFTA Annex 4 (Thailand)

2 THAILAND S SCHEDULE OF MOVEMENT OF NATURAL PERSONS COMMITMENTS Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE The obligations of Thailand under this Agreement with respect to permanent Residents of the other Parties: Unbound Thailand reaffirms its rights and obligations regarding permanent residents as set out in its schedule of specific commitments in GATS. Nevertheless, where Parties exercise such rights, they shall not exercise through this Agreement. MA column Others : Unbound Unless otherwise specified at the sectorspecific level, temporary movement of natural persons is unbound except in the following categories: Note: 1. The scope and classification of sub-sectors contained in this schedule, unless otherwise specified, corresponds to the explanatory notes for services listed in the 1991 Central Product Classification (CPC) of the United Nations Statistical Office, while the ordering is based on the Services Sectoral Classification List set out in document MTN.GNS/W/120 dated 10 July The use of ** indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. AANZFTA Annex 4 (Thailand) 2

3 I. Business Visitors (BV) (a) Service sellers: Representatives of a service supplier who enter and stay in Thailand temporarily without receiving remuneration from within Thailand for the sale of goods or services or entering into agreement for such sale for that services supplier. (b) Persons responsible for establishing a commercial presence: Representatives of a service supplier who enter and stay in Thailand temporarily for the purposes of: - participating in business meetings or contacts, - visiting of business establishments or other similar activities, - entering with a purpose to establish a commercial presence of a service supplier in Thailand when the service supplier has no commercial presence in Thailand. Condition: Representatives of such service suppliers or employees of such juridical person will not be engaged in making direct sales to the general public or in supplying services themselves. AANZFTA Annex 4 (Thailand) 3

4 Duration of stay: Temporary stay will be permitted and a work permit granted, when applied for, for an initial period of not more than 90 days. Representative of category (b) may be extended for a further period of not more than one year from the arrival date, provided that the criteria stipulated by the Immigration Bureau and the Department of Employment have been satisfied. II. Intra-Corporate Transferees (ICT) Employees of a company established in the territory of a Party who are transferred temporarily for the supply of a service through commercial presence in Thailand. The employees refer to Executives, Managers, or Specialists as defined below. Executive is defined as: A person within an organization who primarily directs the management of the organization, exercises wide latitude in decision-making, and receives only general supervision or direction from higher-level executives, (the board of directors, or shareholders of the AANZFTA Annex 4 (Thailand) 4

5 business). An executive would not directly perform tasks related to the actual provision of a service or services of the organization. Manager is defined as: A person within an organization who primarily directs the organization, or a department or sub-division of the organization; supervises and controls the work of other supervisory, professional or managerial employees; has the authority to hire and fire or recommend hiring, firing, or other personnel actions (such as promotion or leave authorization); and exercises discretionary authority over day-today operations. Does not include first-line supervisors, unless the employees supervised are professionals, nor does it include employees who primarily perform tasks necessary for the provision of the service. Specialist is defined as: A person within an organization who possesses knowledge at an advanced level of continued expertise essential to the establishment provision of the service and/or possesses proprietary knowledge of the organization s services, research equipment, techniques, or management. AANZFTA Annex 4 (Thailand) 5

6 Condition: Such employees must have been employed by the company concerned outside Thailand for a period of not less than one year immediately preceding the date of his or her application for admission; have satisfied the criteria stipulated by the Immigration Bureau and hold a Non-Immigration visa; and have satisfied the criteria for management needs 1 stipulated by the Department of Employment. Duration of stay: Temporary stay will be permitted and a work permit granted, when applied for, for a one year period, and may be extended for a further three terms of not more than one year each subject to verification of ongoing employment with original employer and compliance with relevant Thai laws and regulations. 1 In considering managerial needs, the following facts shall be taken into consideration by the relevant authority, namely: (1) size of fully paid-up capital; (2) employment creation; (3) extent of foreign investment; (4) export promotion; (5) transfer of technology; (6) special needs of the management. AANZFTA Annex 4 (Thailand) 6

7 Acquisition and usage of land: according to the Land Code of Thailand, foreign nationals or domestic companies which are deemed foreigners are not allowed to purchase or own land in Thailand. However, they may lease land and own buildings. Foreigners are also allowed to own part of condominium units under the laws and regulations governing the ownership of condominiums. Acquisition and usage of land: MA column II. SECTOR SPECIFIC COMMITMENTS 1. BUSINESS SERVICES A. Professional Services (e) Engineering services (CPC to ) (a) As indicated in the (b) Unbound for civil engineer AANZFTA Annex 4 (Thailand) 7

8 B. Computer and Related Services (a) Consultancy services related to the installation of computer hardware (CPC 84100) As indicated in the (b) Software implementation services (CPC ) As indicated in the (c) Data processing services (excluding those provided over public telecommunications network) (CPC ) As indicated in the (d) Data base services (excluding those provided over public telecommunications network) (CPC 84400) As indicated in the (e) Other computer services: software training services for staff of clients (part of CPC 84900) As indicated in the AANZFTA Annex 4 (Thailand) 8

9 E. Rental/Leasing Services without Operators (d) Rental and leasing services concerning agricultural machinery, construction machinery, office machinery, other machinery and equipment without operator (CPC ) As indicated in the F. Other Business Services (a) Advertising services (CPC ) As indicated in the (b) Market research and public opinion polling services (CPC to 86402) As indicated in the (c) General management consulting services (CPC 86501) (a) As indicated in the (b) Unbound for legal and auditing consultants AANZFTA Annex 4 (Thailand) 9

10 (e) Technical testing and analysis services (CPC ) As indicated in the (f) Services incidental to agriculture: Consultancy services on agricultural extension: - soil preparation - seed production - plant protection - harvesting - grading - packing - storaging As indicated in the Soil analysis laboratory As indicated in the Soil survey and land use Planning Cover crop seed multiplication As indicated in the As indicated in the AANZFTA Annex 4 (Thailand) 10

11 (f) Services incidental to forestry: Forestry consultant services As indicated in the (g) Services incidental to fishing: International trading, exporting products services (broker) As indicated in the Quality analysis services As indicated in the Canning process analysis services As indicated in the Technical services - Consulting - Research on marketing - Quality control As indicated in the (h) Services incidental to mining at oil and gas fields (a) As indicated in the (b) Unbound for civil engineer (m) Related scientific and technical consulting services (CPC 8675**) Oil and gas exploration (a) As indicated in the (b) Unbound for civil engineer AANZFTA Annex 4 (Thailand) 11

12 (n) Maintenance and repair services of office machinery and equipment including computers (CPC 84500) As indicated in the (t) Other Translation and interpretation services (CPC 87905) As indicated in the 2. COMMUNICATION SERVICES C. Telecommunications Services Public local, domestic long distance and international services: (a) Voice telephone services (b) Telex services (c) Telegraph services (d) Facsimile services (a) As indicated in the (b) Unbound for civil engineer AANZFTA Annex 4 (Thailand) 12

13 (j) Data base access services (part of CPC 7523) As indicated in the (n) On-line information and/or data processing services (part of CPC 843) As indicated in the (o) Other Telecommunications equipment sales services (part of CPC 75420) Telecommunications consulting services (CPC 75440) Videotext (part of CPC 75299) Teleconference (part of CPC 75292) Domestic leased circuits (part of CPC 75299) (a) As indicated in the (b) Unbound for civil engineer (a) As indicated in the (b) Unbound for civil engineer As indicated in the As indicated in the As indicated in the D. Audiovisual Services AANZFTA Annex 4 (Thailand) 13

14 (a) Film/video production and distribution services excluding promotion or advertising services (CPC ) As indicated in the (c) Radio/television services only for production of radio/tv programmes (CPC ) As indicated in the 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES A. Construction Work for Buildings (CPC 512) B. Construction Work for Civil Engineering (CPC 513) C. Installation Work (CPC 516) (a) As indicated in the (b) Unbound for civil engineer (a) As indicated in the (b) Unbound for civil engineer (a) As indicated in the (b) Unbound for civil engineer AANZFTA Annex 4 (Thailand) 14

15 5. EDUCATIONAL SERVICES A. Primary education services (CPC 921**) International and national school education services (CPC 9219) B. Secondary education services (CPC 922**) International and national school education services (CPC ) Technical and vocational education services (CPC ) Foreign natural persons may enter Thailand to supply education services provided that: (a) (b) the natural persons are invited or employed by education institutions duly established and registered in Thailand; and the natural persons possess qualification and experiences set by such institutions as well as meeting other criteria that may be set by Ministry of Education, where applicable The initial temporary stay shall be one year or the duration of employment period, whichever is shorter, with possibility of extension. Others : As indicated in the Unbound C. Higher education Foreign natural persons may enter Thailand to Unbound AANZFTA Annex 4 (Thailand) 15

16 services (CPC 92300) supply education services provided that: D. Adult education services (CPC 924**) Professional and/or Short Courses Education Services E. Other education services (CPC 929**) Foreign language tuition services (a) (b) the natural persons are invited or employed by education institutions duly established and registered in Thailand; and the natural persons possess qualification and experiences set by such institutions as well as meeting other criteria that may be set by Ministry of Education, where applicable The initial temporary stay shall be one year or the duration of employment period, whichever is shorter, with possibility of extension. Others : As indicated in the 6. ENVIRONMENTAL AANZFTA Annex 4 (Thailand) 16

17 SERVICES A. Sewage services Environmental Consultancy on Sewage System, Refuse Disposal, Hazardous Waste Management, Air Pollution and Noise Management, Sanitation and Other Environmental Management Services (CPC 9401) Environmental Protection and Environmental Abatement Services (CPC 9401) Sewage Services (including industrial waste water treatment system) (CPC 9401) As indicated in the As indicated in the As indicated in the B. Refuse Disposal Services (including As indicated in the AANZFTA Annex 4 (Thailand) 17

18 hazardous waste management and incinerator) (CPC 9402) C. Sanitation and Similar Services (CPC 9403) As indicated in the D. Other Cleaning services of exhaust gases (including industrial emission abatement) (CPC 9404) Noise abatement services (CPC 9405) Nature and landscape protection services (CPC 9406) Other environmental protection services (CPC 9409) As indicated in the As indicated in the As indicated in the As indicated in the 7. FINANCIAL SERVICES AANZFTA Annex 4 (Thailand) 18

19 - With regard to the scope of operation and types of financial services that can be provided, each type of financial institution will be permitted to operate the sector or sub-sector of banking and other financial services only to the extent that their respective governing legislation permit them to do so. - All commitments in this sector are subject to horizontal commitments in Thailand s AANZFTA schedule of Movement of Natural Persons Commitments. A. Insurance including Reinsurance and retrocession (a) Life insurance services (CPC 81211) Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. (b) Non-life insurance services (CPC 8129) Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. (d) Services auxiliary to insurance (excluding pension funding AANZFTA Annex 4 (Thailand) 19

20 services) Insurance broking and agency services (CPC 81401) (Brokers shall not induce, advise or do any acts so as to cause any person to enter into insurance contracts with insurers abroad, except for reinsurance contracts) Insurance consultancy services excluding pension consulting services (CPC 81402) Average and loss adjustment services (CPC 81403) Actuarial Services (CPC 81404) (a) Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. (b) Unbound for individual broker and agent. Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. Only senior managerial personnel, specialists and technical assistants with the approval of the Insurance Commissioner. Services auxiliary to financial intermediation other than to insurance AANZFTA Annex 4 (Thailand) 20

21 and pension funding services Credit card services (CPC 81133) (Mobilizing funds from the public is prohibited, unless licensed under a financial law) Financial consultancy services (CPC 81332) As indicated in the. As indicated in the. AANZFTA Annex 4 (Thailand) 21

22 B. Banking and Other Financial Services Acceptance of deposits and other repayable funds from the public Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions Financial leasing Payment and money transmission services including credit, charge and debit cards, travellers cheques and bankers drafts Guarantees and Commitments Trading for own account, or for account of customers in the following: (a) money market instruments (b) foreign exchange (c) exchange rate and Locally incorporated banks: At least three-fourths of the directors must be of Thai nationality. The Minister of Finance upon recommendation of the Bank of Thailand may allow more foreign nationals than specified above subject to the terms and conditions as stated in 3(c), II (ii), section B- Banking and Other Financial Services, Thailand s Schedule of Specific Services Commitments. Finance companies and credit foncier companies: At least three-fourths of the directors must be of Thai nationality. The Minister of Finance upon recommendation of the Bank of Thailand may allow more foreign nationals than specified above subject to the terms and conditions as stated in 3(e), III (ii), section B- Banking and Other Financial Services, Thailand s Schedule of Specific Services Commitments. Limitations on the number of foreign personnel for finance companies: (a) two persons for a representative AANZFTA Annex 4 (Thailand) 22

23 interest rate instruments (d) transferable securities Participation in issues of all kinds of securities, including underwriting and placement as agents (whether publicly or privately) and provision of services related to such issues Asset management as follows: - cash or portfolio management - collective investment management - custodian and depository services Advisory, intermediation and other auxiliary financial services Provision and transfer of financial information, and financial data processing and related software office; (b) Maximum of four directors permitted for finance companies; Securities companies Securities brokerage, securities dealing, investment advisory service and securities underwriting: At least one-half of the directors of a locally incorporated securities firm must be Thai national. Limitations on the number of foreign personnel for securities companies: two persons for a representative office. Asset management companies: During the first five years after the licence has been granted, at least three-fourths of the directors must be Thai national. After five years, at least one-half of the directors must be Thai national. Limitations on the number of foreign personnel for management companies: two persons for a representative office. Foreign bank offices: Limitations on the number of foreign personnel per foreign bank office: AANZFTA Annex 4 (Thailand) 23

24 (a) two persons for banks operating as representative office; (b) six persons for each full-licensed branch; (c) four persons for each BIBF branch; (d) two persons for each PIBF branch; (e) eight persons for banks operating as full-licensed and BIBF branch; 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotel and Restaurants Hotel Lodging Services (CPC 64110) Camping and caravan site Services (CPC 64195) Restaurant Services (CPC 64210) Catering Services (CPC 64230) B. Travel Agency and Tour Operator Services As indicated in the As indicated in the As indicated in the As indicated in the AANZFTA Annex 4 (Thailand) 24

25 Travel Agency and Tour Operator Services (CPC 74710) As indicated in the D. Other Hotel management services As indicated in the 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES D. Sporting Services and other recreational services Sporting Services (excluding other sporting services specified in CPC 96419) (CPC ) Other recreational services (CPC 9649**) Recreation Park and Beach Services As indicated in the As indicated in the AANZFTA Annex 4 (Thailand) 25

26 11. TRANSPORT SERVICES A. Maritime Transport Services (a) (b) (e) Passenger transportation (CPC 7211 less cabotage transport: as defined below - 3.1) Freight transportation (CPC 7212 less cabotage transport: as defined below - 3.1) International towing (CPC 7214) (a) Ships' crews: Unbound (b) Other personnel: As indicated in the (a) Ships' crews: Unbound (b) Other personnel: As indicated in the (a) Ships' crews: Unbound (b) Other personnel: As indicated in the (a) Unbound (b) Unbound, except as provided in the (a) Unbound (b) Unbound, except as provided in the (a) Unbound (b) Unbound, except as provided in the The following services at the port provided by the government or government enterprise are made available, to international maritime transport suppliers on reasonable and nondiscriminatory terms and conditions: 1. Pilotage 2 2. Towing and tug assistance 3. Provisioning, fuelling and watering 4. Garbage collecting and ballast waste disposal 5. Port captain's service 6. Navigation aids 7. Shore-based operational services essential to ship operations, water and electrical supplies 8. Emergency repair facilities 9. Anchorage, berth and berthing services 2 A Thai captain of a Thai ship which sails regularly in certain compulsory pilotage area may be permitted to pilot the ship in the area. AANZFTA Annex 4 (Thailand) 26

27 (f) Supporting Services for maritime transport (CPC 745**) Shore reception facilities (collection of waste/oily water from ships) As indicated in the Port captain's services attached to specific foreign vessels As indicated in the Marine surveys and classification societies for the purpose of providing accurate documentation and certification of vessels As indicated in the Freight forwarding services As indicated in the C. Air Transport Services (d) Aircraft repair and maintenance services (CPC 8868) As indicated in the AANZFTA Annex 4 (Thailand) 27

28 (e) Supporting services for air transport (CPC 746**) Selling and marketing of air transport services As indicated in the Unbound E. Rail Transport Services (d) Maintenance and repair of rail transport equipment (CPC 8868) (a) As indicated in the (b) Unbound for civil engineer (e) Supporting Services for rail transport services (CPC 743**) Passenger and freight car cleaning services Security services at railway station As indicated in the As indicated in the AANZFTA Annex 4 (Thailand) 28

29 F. Road Transport Services Other nonscheduled passenger transportation (b) Freight transportation only for frozen or refrigerated goods, bulk liquids or gases and containerized freight (CPC to 71233) As indicated in the (c) Rental services of passenger cars with operator (CPC 71222) As indicated in the (c) Rental services of buses and coaches with operator (CPC 71223) As indicated in the H. Services Auxiliary to All Modes of Transport (b) Storage and warehousing services (CPC 742) As indicated in the AANZFTA Annex 4 (Thailand) 29

30 Reference Paper NOTE TO THE SCHEDULE 1. Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in this schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have access to and use of these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations. 2. "Reasonable and non-discriminatory terms and conditions" means, for the purpose of multimodal transport operations, the ability of multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which enter the port at a later date. 3. Definitions: 3.1 "cabotage": for the purpose of this schedule, means the transportation or towage of passengers or goods, between a port or place located in Thai waters and another port or place located in Thai waters. 3.2 "Other forms of commercial presence for the supply of international maritime transport services": for the purpose of this schedule, means the ability for international maritime transport service suppliers of other members to undertake locally the following: (a) Marketing and sales of maritime transport services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself; (b) The procurement, on their own account of any transport and related services, necessary for the supply of the integrated service; (c) The preparation of documentation concerning transport documents, customer documents, or other document related to the origin and character of the goods transported; (d) Setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally with any locally established shipping agency: As indicated in the. 3.3 "Multimodal transport operator" means the person on whose behalf the bill of lading/multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage. AANZFTA Annex 4 (Thailand) 30

31 3.4 "Freight forwarding services" means the activity consisting of organizing and monitoring shipment operations on behalf of shippers, through the procurement of transport and related services, preparation of documentation and provision of business information. AANZFTA Annex 4 (Thailand) 31